Fourth and current Bourbon County Courthouse, located in Paris, Kentucky, completed in 1904. Beaux-Arts design by Frank P. Milburn, Architect, Washington, DC. South Carolina granite was used on the first story with Bedford Stone on the upper floors. Contractors were Gibson & Crawford of Logansport, Indiana. Built at a cost of $170,000. Listed in National Register of Historic Places in 1974.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
AOC version of this week’s decisions can be accessed by clicking here.
Published Court of Appeals appellate cases for this week – March 11, 2016:
Links are to full text of PDF decision with AOC.
207. Medical negligence. Cause of action – negligent credentialing.
Joseph Paul Spalding avs Spring View Hospital, LLC
Court of Appeals Published Opinion Affirming Partial Summary Judgment in Spalding’s case; affirmed summary judgment in favor of Spring View in Jones’ case; reverse and remand the respective orders of the Marion and Pulaski Cir Ct. in the negligent credentialing case
MAZE, JUDGE: These five consolidated appeals arise from three cases which originated in the Marion and Pulaski Circuit Courts. In three of the appeals, Karen Jones and Helen Adams seek reversal of two trial courts’ dismissals of their claims under CR1 12, while Spring View Hospital, LLC (hereinafter “Spring View”) cross-appeals on a statute of limitations issue in Jones’s case. In the remaining two appeals, Joseph Spalding and his wife (hereinafter “the Spaldings”) appeal from the grant of partial summary judgment on their claims of negligent credentialing against Spring View, which appeals from the denial of summary judgment on other grounds. The trial courts in all three cases held that the claims of negligent credentialing were unsustainable and unrecognized under current law.
Having reviewed the well-pled- and well-argued issues addressed to us from counsel for all parties, we affirm the Marion Circuit Court regarding partial summary judgment in the Spaldings’ case; we affirm that same court’s denial of summary judgment in favor of Spring View in Jones’s case; and we reverse and remand the respective orders of the Marion and Pulaski Circuit Courts dismissing Jones’s and Adams’s negligent credentialing actions.
212. Unemployment benefits.
Sunrise Children’s Services, Inc. vs. Kentucky Unemployment Commission
Court of Appeals Published Opinion Affirming Hardin Cir Ct order affirming the decision of the Ky Unemployment Ins. Commission which in turn affirmed the appeal determining Lola Llerena was qualified to receive unemployment benefits upon finding Lola was discharged for reasons other than work-related misconduct.
215. Insurance. Policy language on occurrence and coverage.
Jessica Davis vs. Kentucky Farm Bureau Mutual Ins. Co.
Court of Appeals Published Opinion affirming Jefferson Cir Ct. summary judgment in a declaratory judgment action filed by Kentucky Farm Bureau Mutual Insurance Company in Jefferson Circuit Court which ruled there was a single occurrence for the purpose of determining the amount of coverage available under a policy of insurance issued by Kentucky Farm Bureau to Trina’s Treehouse Childcare, LLC (Trina’s). We agree with the trial court there was a single occurrence as defined in the Kentucky Farm Bureau policy and, therefore, insurance coverage is limited to $500,000.
At the time Ja’Corey choked on the push-pin, Trina’s was insured by a commercial general liability policy issued by Kentucky Farm Bureau covering Trina’s and its employees. The Kentucky Farm Bureau policy limits coverage by the number of occurrences from which the claims arose, stating that each occurrence is limited to $500,000 and provides for an aggregate maximum of $1,000,000. The policy further provides that each occurrence limit is the maximum Farm Bureau will pay “because of all ‘bodily injury’ and ‘property damages’ arising out of any one ‘occurrence.’” Occurrence is defined in the policy as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.”
A dispute arose between Kentucky Farm Bureau and Davis and Woods concerning the number of occurrences for purposes of the policy limitation provision. Kentucky Farm Bureau maintained the claims asserted against Trina’s, its officers and employees arose from a single occurrence limiting coverage under the policy to $500,000. Davis and Woods contended that each act of negligence caused Ja’Corey’s death and, therefore, there were multiple occurrences providing coverage under the policy in the amount of $1,000,000.
221. Dependent adjudication.
Y.(E.) vs. Cabinet for Health and Family Services, Commonwealth of Kentucky
Court of Appeals Published Opinion affirming Spencer Cir Ct
While E.Y. and B.Y. would qualify for several services, we believe the court fairly decided that removal was the only option in B.Y.’s case. The court heard testimony regarding E.Y.’s inconsistent participation in her case plan with regard to M.Y. despite the services provided to her. That evidence, combined with the social workers’ testimony regarding E.Y.’s parenting difficulties with respect to B.Y., is sufficient to conclude that removal is in B.Y.’s best interest at this point. We find no palpable error in the trial court’s order of removal.
Torts, insurance and civil procedure decisions:
See published decisions above
205. Class Action.
Haynes Trucking LLC v. James Melvin Hensley
Court of Appeals Published Opinion and Order Vacating and Remanding Fayette Cir Ct.
These four consolidated appeals emerge from a class-certification procedure in a wage and hour action pertaining to the purported nonpayment of prevailing wages, benefits, and overtime in connection with public works projects in Kentucky. The Appellants maintain, among other things, that the Fayette Circuit Court improperly certified a diverse class of truck drivers. In addition, several motions by both Appellants and Appellees were passed by our Court to this merit panel including Appellees’ motion to dismiss the appeal by the Appellants of the trial court’s order denying the motion for partial summary judgment.
All of the outstanding procedural motions were dismissed at oral arguments as moot. Furthermore, we dismiss the Appellants’ appeal of the denial of the partial summary judgment as untimely. Finally, after careful consideration of the record and the arguments, we vacate and remand the certification order with directions to decertify the class.
216. Tortious Interference with business expectancy and with contract.
Louisville Outlet Shoppes, LLC vs. Paragon Outlet Partners LLC
COA Not to Be Published Opinion affirming dismissal of action for tortious interference with contract and with business expectancy claims.
218. Untimely appeal.
Jack Howell vs. DF Realty Group LLCCOA Not to Be Published Opinion affirming dismissal of appeal as untimely.
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